The Tribunal allowed the appeal by way of remand. The appellant...

The Tribunal allowed the appeal by way of remand. The appellant was not entitled to the benefit of the fifth proviso to Rule 10 of the Customs Valuation Rules, 2007 regarding inclusion of air freight up to 20% of FOB value in the assessable value. The Tribunal held that the amount shown as 'Add.Recov.Freight' in the invoices represented the air freight incurred by the appellant. Since the invoices were raised on CPT basis, the CPT value was considered the de facto FOB value. The addition of 'Add.Recov.Freight' amount in the assessable value was restricted to 20% of the CPT value. The matter was remanded to the original authority for re-determining the duty payable on all Bills of Entry accordingly.

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